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Senior Planner Kuenzel stated Ghat ®ther uses, such as restaurants that serve alcohol,... would still be
permitted. Other things that the City could do include thefollowing:
(1) State that;the Commission would only issue a conditional use permit for restaurant if
the. site meets the minimum' requirements for parking, or give the applicant the
option of proving that the increase will not create a parking problem.
(2) State that a conditional use permit would be issued under the condition that the site
be monitored for;clean-up.
(3) Impose a minimum distance that the restaurant. must be located from a residential
structure.:
SeruorPlanner McCully stated that in addition to the optional conditions listed above, an applicant for
any conditional. use permit would also have the responsibility to prove to the Commission that the
standards fora `conditional use .permit have `been met. Staff has also researched the maximum. square
footage proposed. and recommends that the .maximum square footage be 1500 square feet instead of the
proposed 2500 square feet. This smaller square footage meets the intent of the ordinance. amendment.
Andrew Bernstein,,the owner of Post Oak Square and Post Oak Village, approached the Commission
and stated that there are several tenants that.. he had in mind that create the need fore. the ordinance
amendment. Such uses include a tenant wanting to serve coffee to .its customers, an ice: cream parlor,
an establishment that would like to providetables and chairs for their clients as well as a donut shop that
is currently not allowed o have a few tables and chairs in a C-3 zoning .district. The intent of the
ordinance amendment appears to accommodate a more "family" type of entertainment 'instead of
allowing restaurant type uses.
Commissioner Garner moved to recommend approval of the Zoning Ordinance Amendment pertaining
to the C-3 Planned Commercial zoning district with the square footage being limited to 1500 square feet
versus the proposed 2500 square feet and to .include the redefinition of a night. club. to include the 75%
sales rule with the. understanding. that a nightclub will not be .allowed as a permitted use in a C-3 zoning
district. Commissioner Parker seconded the motion which passed unopposed (5 - 0).
AGENDA ITEM N0.9: Consideration of an amendment to the Code of Ordinances, City of
College Station, Tezas, and specifically to that section referred to as the "Bikeway Ordinance" to
modifyparking`regulations. {96-812)
Transportation Planner Hard informed tNe Commission that parking in a bike lane is currently prohibited
by city ordinance. This item is an amendment to the city's bikeway ordinance to allow parking in a bike
lane in certain areas during specified "off peak" times. It will not allow. parking,. in general, to .occur in
all bike lanes i the :city. It -is only intended to be used on a limited basis and applied to recurring
problem areas. Where parking in a bike lane is permitted, signs will be installed: to make. bicyclists aware
of times when parking is allowedto occur. Parking in bike lanes has been a long standing problem. On-
streetparking and bikelanes are in direct competition for the curb space on the street. Streets with bike
lanes adjacent to public .parks and churches' are where this problem most commonly occurs. The section
of Holleman Drive adjacent to Anderson Park and the section. of Krenek Tap Road adjacent' to Central
Park are frequent problem' areas.
P & Z Minutes August 1, 1996 Page 7 of IO
Transp~~rtation Planner :Hard stated that this issue has also; been. reviewed by the.: City's legal-
_ department. They indicate that the City can set aside certain times when vehicles can park in bike lanes,
but that the City has a legal duty to warn cyclists of the change.; This amendment could. be viewed as a
compromise solution between the need for on-street parking and the' desire for bike lanes. The City's
.Parks and Police Departments are in favor of this chahge. ~~
Chairman Hawthorne stated that he has a real problem with changing the- ordinance to allow ;parking
within bike lanes. It appears that when parking is needed in these areas, people are also riding their
bikes. He stated that the City should reassess the g®als of bike ways before making such a change in the
ordinance.
Commissioner Lightfoot stated that he understands the need for bike lanes; however, he also respects
the needs of the City and. the Police department... The proposed ordinance.. would allow the City the
flexibility to regulate the times at which parking could or could'not occur within bike lanes. It does not
mean. that parking will. be allowed in bike lanes throughout the- City; however, it allows the City to use
its discretionwhen they feel the parking is needed.
Commissioner Garner moved to recommend approval of the proposed ordinance. amendment.
Commissioner Massey seconded the motion which passed unopposed. (5 - 0).
AGENDA ITEM NO. 10: Discussion of the Mobile Home Park Ordinance and Section 7 of
the Zoning Ordinance. (96-804)
Planning Intern Evans informed the Commission that very recent additions to the Texas Manufactured
Housing Act have rendered the city's regulations pertaining to mobile homes void. The act defines
mobile homes separately from manufactured homes and has separate provisions for both. A
municipality cannot change the definitions. Essentially, a "mobile home" is any transportable structure
built before June of 1976, built on a chassis, is at least 8' X 40', and can be used with or without a
permanent foundation. A "HUD-code manufactured home" is any transportable structure built after
1976, is at least 8' X 40', and is either with or with®ut a permanent. foundation. The problems with our
current regulations are that we do not have provisions'for a manufactured home, and have in the interim
had to allow several in R-1 zoned areas because the manufactured home is not distinguishable from the
single'family home as our ordinances currently read.
As staffunderstands it, here's what a city can and cannot do:
(1) A city_can completely ban .any additional mobile homes in the city. Preexisting mobile
homes are grandfathered.
(2) A city must allow HUD-code manufactured-homes in a city.
(3) A city can regulate the location of HUD-code manufactured housing.
(4) A city may require. a permit for the use and occupancy of a HUD-code manufactured
home, which is automatically approved within 45 days unless the city denies the permit in
writing.
P & Z Minutes August 1, 1996 Page 8 of 10